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NAMES OF THE CASES

REPORTED IN THIS VOLUME.

226 190 57 32

159 470 359

50 136

136 111 398 443

Alexander ds. Stewart, et al,
Allegre's Adm’rs vs. Maryland Insurance Company,
Allison os. Miller,
Anderson vs. Negro Julia,
Barnet vs. Wilson,
Belt vs. Hall,
Boteler and Belt vs. State use Chew,
Bowen vs. Sellman,
Boyer vs. Calwell,
Calwell os. Boyer,
Clarke vs. State use Darnall,
Clary and Clary vs. Frayer,
Condon us. Wilmington, &c. Rail Road Company,
Dandridge vs. Pennsylvania, &c. Steam Navigation Company,
Davidson vs. Marfield,
Davis vs. Fulton,
Delaware and Maryland Rail Road Company vs. Stump,
Dilly vs. Heckrotte and Barnard,
Ellicott vs. United States Insurance Company,
Evans vs. Stewart's Lessee,
Evans and Iglebart vs. Merriken,
Farmers and Mechanics' Bank vs. Planters' Bank,
Fowler, et al vs. Glenn and Kennedy,
Frayer vs. Clary and Clary,
Fulton vs. Davis,
Glenn and Kennedy vs. Fowler,
Gold vs. Hoffman,
Greenfield vs. Marshall's Lessee,

248 209 202 479 170

166

1 39

449 340 898 202

340

79 349 32

433

511

243

449

421

324

87

87

93

50

150

133

359

111

125

226

1

479

125
433

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JAMES STEWART'S LESSEE vs. ROBERT JONES, of GEORGE.

E. S. June, 1836.

J. S. died in 1797, intestate, and seized of two parcels of land, which had

descended to her from her father, leaving an only brother, her heir at law. Upon his death without issue, and intestate, it was Held, that though the descent from his sister to him was an immediate descent, according to the principles of common law, it was also mediate from the father, from whom the brother derived his inheritable blood ; and was therefore a descent upon

the part of the father, and embraced by the act of descents of 1786, ch 45. Though according to the principles of the English law of descents, the descent

from brother to brother is immediate, and title may be made by one brother to another, without mentioning their common ancestor; yet such ancestor is regarded as the fountain of inheritable blood, and consequently the

descent is mediate from him. The legislature of this state, by the act of 1786, ch. 45, changed the Englisk

common law of descents in many of its essential features, and imparted new inheritable capacities unknown to that law. On failure of lineal heirs in the descending line, if the estate descended to the intestate on the part of the father, it directs that it shall descend to the brothers and sisters of the blood of the father, without discriminating between the whole, and the half bloods ; showing manifestly, that though the descent is immediate from the person who died seized, the inheritable blood is derived from the ancestor, from whom the estate descended to such person,

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